(a) A previously issued permit or approval may be revoked or modified for any of the following reasons:
(1) The permit or approval was obtained by misrepresentation or fraud;
(2) The permit or approval was approved or issued in error;
(3) One or more of the conditions of the permit or approval have not been satisfied or have been violated;
(4) One or more of the conditions of the permit or approval anticipate revocation if certain terms are met, and those terms have been met;
(5) The activity permitted by the permit or approval violates an applicable statute, law, or regulation, including but not limited to federal law or regulations;
(6) The activity permitted by the permit or approval is detrimental to the public health, safety, or welfare or interferes with the successful execution, functioning or operation of any flood control system feature;
(7) The activity permitted by the permit or approval constitutes a public nuisance as defined by statute or law; or
(8) The permit is for an encroachment that the board has ordered to be removed or modified because it makes one of the findings in Water Code Section 8702.
(b) For all revocation hearings except those described in Section 28(d), the board shall follow the hearing procedures in Section 25, above, for permit revocation hearings, except that:
(1) The “enforcement order” shall be referred to as the “revocation order.”
(2) The “application” shall be referred to as the “revocation action.”
(3) In addition to the notice requirements of Section 25, the notice shall describe any permit condition(s) that are the subject of the revocation hearing and set forth any required findings, including those required for ordering the removal or modification of a previously permitted encroachment.
(4) The removal of previously permitted encroachments shall not be subject to administrative or civil penalties.
(c) The board may hold a single hearing to consider permit revocation, removal or modification of a permitted encroachment, and approval of an enforcement order.
(d) A permit may be revoked administratively by order of the Executive Officer as authorized by Section 5 following the procedures described in Section 28.1 in the following circumstances:
(1) the encroachment no longer exists, and the permittee or property owner wishes to surrender the permit;
(2) the encroachment no longer exists and the regulations currently in effect would not authorize the previously permitted encroachment;
(3) one year or more has elapsed since the board issued the permit and the encroachment has not been constructed or does not exist;
(4) the permit was issued, and the board staff later determined that the associated encroachment was an element of an adopted plan of flood control;
(5) the permittee or landowner wishes to remove the permitted encroachment and surrender the associated permit. Removal of such an encroachment will be done under the supervision and direction of the board and subject to any conditions imposed by the board; or
(6) the encroachment no longer exists due to a Flood Improvement Project completed or constructed by the state or federal government.
Credits
Note: Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Sections 6253, 11125 and 11425.10, Government Code; and Sections 8534, 8560, 8598, 8608, 8700, 8702, 8704.4 and 8710, Water Code.
History
1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
2. Renumbering of former section 28 to section 30 and renumbering of former section 26 to section 28, including amendment of section and Note, filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-9-2014 order, including nonsubstantive amendments, transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).
4. Amendment of subsection (b) and new subsections (d)-(d)(6) filed 1-4-2023; operative 4-1-2023 (Register 2023, No. 1).
This database is current through 6/21/24 Register 2024, No. 25.
